Federal Criminal Defense Lawyers

Tuesday, November 29, 2011

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Edward Schlacht Charged for Allegedly Hiring Illegal Aliens

McNabb Associates, P.C. (Federal Criminal Defense Lawyers)
Submitted at 11:26 AM November 29, 2011

U.S. Immigration and Customs Enforcement (ICE) on November 29, 2011 released the following: DETROIT A manager at a specialty pallet and box manufacturing company in northwest Detroit was arrested Tuesday by agents with U.S. Immigration and Customs Enforcements (ICE) Homeland Security Investigations (HSI) on criminal charges of knowingly accepting false documentation in the course of hiring undocumented workers. Edward Schlacht, 48, a supervisor at Grigg Box Company in Detroit, was taken into custody Tuesday morning without incident by ICE HSI special agents. Employers who evade the law not only fuel the demand that is responsible for much of the countrys illegal immigration, but their actions also hurt lawful workers who are seeking jobs in this challenging economy, said Brian M. Moskowitz, special agent in charge of ICE HSI in Detroit. Criminal prosecutions are just one of many tools HSI is using to reduce the demand for illegal employment and protect job opportunities for the nations lawful workforce. As part of the enforcement action, agents also executed a federal search warrant at the business seeking evidence in this ongoing investigation into the companys hiring practices. Schlacht is charged in a criminal complaint with continuing to employ unauthorized aliens. The arrest is

the culmination of an investigation that began in February when an ICE HSI audit of the companys hiring records identified 35 employees who used suspected counterfeit documents to obtain their jobs. According to the court documents, after ICE HSI notified the company about the suspicious documents, Grigg Box Company sent a written reply advising the employees in question had been terminated. Subsequently, investigators conducting surveillance of the premises, observed several of the terminated employees continuing to work at the company. Additionally, through the use confidential informants, ICE HSI special agents recorded Schlacht in the process of hiring two individuals who admitted their documents were counterfeit and had been purchased. This individual was later paid by Schlacht in the form of an official payroll check from the company. Schlacht is expected to make an initial appearance in federal court Tuesday afternoon. The charges carry a maximum penalty of up to ten years in prison and a fine of up to $250,000. Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individuals identity and employment eligibility documents and determine whether the documents reasonably appear to be genuine and related to the individual. Additionally, an employer must ensure that the employee provides certain information regarding his

or her eligibility to work on the Form I-9. Nationally in Fiscal Year (FY) 2011, ICE: Conducted 2,496 I-9 audits, up from 503 in FY 2008; Initiated 3,291 worksite enforcement cases, up from 1,191 in FY 2008; Criminally arrested 221 employers, up from 135 in FY 2008; Issued 385 Final Orders for $10,463,987 in fines, up from 18 Final Orders for $675,209 in fines in FY 2008; and Debarred 115 individuals and 97 businesses, compared to 0 individuals and 0 businesses in FY 2008. Douglas McNabb McNabb Associates, P.C.s Federal Criminal Defense Attorneys Videos: Federal Crimes Be Careful Federal Crimes Be Proactive Federal Crimes Federal Indictment Federal Crimes Detention Hearing To find additional federal criminal news, please read Federal Crimes Watch Daily. Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal. The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

Justice Department Launches Attorney General Eric Holder Webinar Series on Avoiding Speaks at the Intellectual Property Theft Campaign Workplace Discrimination
(USDOJ: Justice News)
Submitted at 5:54 PM November 29, 2011

Launch

(USDOJ: Justice News)

Submitted at 1:25 PM November 29, 2011

Department of Justice and Federal Trade Commission Meet with Chinese Ministry of Commerce on Merger Enforcement Matters
(USDOJ: Justice News)
Submitted at 5:06 PM November 29, 2011

The Justice Department announced today the launch of a live webinar series on avoiding workplace discrimination. The webinars coincide with the 25th anniversary of the passage of the Immigration Reform and Control Act, which created the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC).

"As our country continues to recover from once-in-a-generation economic challenges, the need to safeguard intellectual property rights and to protect Americans from IP crimes has never been more urgent. But, in many ways, this work has also never been more difficult," said Attorney General Holder.

Acting Assistant Attorney General Sharis Pozen of the Department of Justices Antitrust Division and Federal Trade Commission (FTC) Chairman Jon Leibowitz today met with a delegation from Chinas Ministry of Commerce (MOFCOM) to discuss antitrust merger enforcement.

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Federal Judge denies Blagojevich request to hear new tapes

McNabb Associates, P.C. (Federal Criminal Defense Lawyers)
Submitted at 9:48 AM November 29, 2011

Associated Press on November 28, 2011 released the following: By NOMAAN MERCHANT, Associated Press CHICAGO (AP) The federal judge who will sentence Rod Blagojevich had harsh words for the former Illinois governors attorneys as he denied a request Monday to play new federal wiretap tapes in court. Blagojevich was convicted at two separate trials on 18 corruption counts, including allegations he tried to sell or trade President Barack Obamas vacated U.S. Senate seat. Blagojevich will be sentenced next week, and his lawyers last week submitted a list of 180 secret tape recordings the FBI made of the governor and others. Parts of some recordings were played during his trials, but Blagojevich has long argued that authorities should play all the tapes. He says some of the recordings hold evidence demonstrating his innocence. But Judge James Zagel said Blagojevichs attorneys hadnt said what they specifically wanted to prove and what sections of the tapes they wanted to use, echoing complaints made by federal prosecutors. What this motion requests is my blind approval of the use of whatever excerpts it

decides are relevant to lack of ill intent and admissible at sentencing, Zagel said. That request is denied. Zagel also derided the timing of Blagojevichs motion, which was filed Thanksgiving Day. He said the federal courts were closed except for emergencies both Thursday and Friday, and there was no reason for Blagojevich who was convicted on 17 of 20 counts in June to wait this long. He also pointed out that the motion was dated Monday, Nov. 28, even though it was filed Thursday, and that his attorneys did not notify the judge when they filed it. This practice is difficult to defend under any circumstances and made more so because of the nature of the motion, Zagel said. Blagojevich attorney Sheldon Sorosky did not return messages seeking comment. Randall Samborn, a spokesman for the U.S. attorneys office, declined to comment. Blagojevichs first trial ended deadlocked with jurors agreeing on just one of 24 counts that Blagojevich lied to the FBI. Jurors at his recent retrial convicted Blagojevich on 17 of 20 counts, including bribery and attempted extortion related to his handling of a U.S. Senate seat once held by President Barack Obama. Most legal observers expect the 54-yearold former governor to receive about 10 years in prison, though he technically faces up to 305 years in prison. Both sides

are expected to file their suggestions on sentencing this week. Judges generally frown on felons who continue to maintain their innocence at sentencing, Chicago-based federal defense attorney Gal Pissetzky said last week. At sentencing, you need to accept the jury verdict and then fight for your innocence later on appeal, he said. If you continue to shove it in the judges face by fighting your innocence at sentencing, it takes away from your goal of less time in prison. The judge scheduled a Friday hearing on another Blagojevich request related to a government witness, John Wyma. Blagojevichs attorneys are questioning whether Wyma helped the government in exchange for a government benefit. Prosecutors denied that allegation at trial. To find additional federal criminal news, please read Federal Crimes Watch Daily. Douglas McNabb and other members of the U.S. law firm practice and write and/ or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal. The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

Attorney General Eric Holder Speaks at the Defending Childhood Task Force Public Meeting
(USDOJ: Justice News)
Submitted at 9:28 AM November 29, 2011

Attorney General Holder Announces Campaign to Combat Demand for Counterfeit Products in Partnership with the National Crime Prevention Council
(USDOJ: Justice News)
Submitted at 1:14 PM November 29, 2011

Lafarge North America Inc. Agrees to Pay $740,000 Penalty to Resolve Clean Water Act Violations in Five States
(USDOJ: Justice News)
Submitted at 12:16 PM November 29, 2011

"Today, as the 13 members of this Task Force gather for the first time, we are launching a new chapter in the work of protecting our young people from violence and harm and ensuring that, in this country, every child has a safe place to live, to learn, and to grow," said Attorney General Holder.

"As our country continues to recover from once-in-a-generation economic challenges, the need to safeguard intellectual property rights and to protect Americans from intellectual property crimes has never been more urgent, said Attorney General Holder.

The violations include unpermitted discharges of stormwater and failure to comply with stormwater permits at 21 stone, gravel, sand, asphalt and ready-mix concrete facilities in Alabama, Colorado, Georgia, Maryland and New York.

Former Massachusetts Scientist and Businessman Sentenced to Prison for Federal Grant Fraud
(USDOJ: Justice News)
Submitted at 6:52 PM November 29, 2011

Patient Recruiter Pleads Guilty in Connection with $5.4 Million Medicare Fraud Scheme in Detroit
(USDOJ: Justice News)
Submitted at 7:08 PM November 29, 2011

A former Massachusetts scientist and businessman was sentenced today by U.S.

District Judge Rya W. Zobel in Boston to one year and one day in federal prison for executing a fraud scheme involving a multi-million dollar federal research grant.

Santiago Villa-Restrepo, 33, of Miami, pleaded guilty before U.S. District Judge Arthur J. Tarnow in the Eastern District of Michigan to one count of conspiracy to commit health care fraud.

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James France Indicted on Alleged Wire Fraud Charges

McNabb Associates, P.C. (Federal Criminal Defense Lawyers)
Submitted at 12:13 PM November 29, 2011

The Federal Bureau of Investigation (FBI) on November 28, 2011 released the following: Former Lake St. Louis Businessman Indicted on Fraud Charges ST. LOUIS The United States Attorneys Office announced today that James France was indicted for wire fraud in connection with an advance fee scheme. According to the indictment, France held himself out as being in the business of commercial lending, and operated his business under various names such as AmBanc, Commercial Capital Banc and U.S. Underwriting. The indictment alleges that from around 2005 until sometime in 2010, France executed a scheme to obtain money from others by falsely representing that he had the ability to obtain financing for their commercial projects. The indictment alleges that France made numerous false representations to make himself appear to be a successful businessman, including claiming that he owned or was involved in coal mining businesses, that he once owned a bank and

that he was a direct lender. According to the indictment, in order to secure his services, France persuaded clients to pay him a deposit in advance which was to be used to cover the expenses of securing funding for their projects. Instead, he allegedly used clients money for other purposes such as personal expenses, paying himself a salary and giving money to others. JAMES FRANCE, currently residing in Virginia, was indicted by a federal grand jury on three felony counts of wire fraud. He appeared in federal court this morning. If convicted, each count carries a maximum penalty of 20 years in prison and/or fines up to $250,000. In determining the actual sentences, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges. This case was investigated by the Federal Bureau of Investigation and the Lake St. Louis Police Department. Assistant United States Attorney Reginald Harris is handling the case for the U.S. Attorneys Office. As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every

defendant is presumed to be innocent unless and until proven guilty. Douglas McNabb McNabb Associates, P.C.s Federal Criminal Defense Attorneys Videos: Federal Crimes Be Careful Federal Crimes Be Proactive Federal Crimes Federal Indictment Federal Crimes Detention Hearing To find additional federal criminal news, please read Federal Crimes Watch Daily. Douglas McNabb and other members of the U.S. law firm practice and write and/ or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal. The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

Feds want full mental exam for alleged White House shooter
McNabb Associates, P.C. (Federal Criminal Defense Lawyers)
Submitted at 9:35 AM November 29, 2011

Politico on November 28, 2011 released the following: Posted by Josh Gerstein Federal prosecutors are seeking a full mental evaluation of the man accused of attempting to assassinate President Barack Obama by opening fire at the White House earlier this month. The prosecution made the formal request at a brief court hearing Monday even though a preliminary psychiatric assessment of the defendant, Oscar Ortega -Hernandez, found him competent to stand trial. The government received this morning the report of Dr. Elisabeth Teegarden concluding that the defendant is competent, prosecutors George Varghese and John Borchert wrote in a court filing (posted here). Although the government does not dispute that conclusion, the government notes that it was only based on a 50-minute screening and submits that a full psychiatric or psychological screeningis warranted, given the serious

nature of the criminal charges pending against the defendant and the likelihood that mental health issues may arise in the course of these proceedings. Ortega-Hernandez was arrested in western Pennsylvania Nov. 16 and subsequently charged with attempted assassination for repeatedly firing a Romanian-made AK-47-type assault weapon at the White House on the night of Nov. 11. Magistrate Judge Alan Kay ordered the defense to respond the competency exam motion by Dec. 2, accoridng to U.S. Attorneys Office spokesman Bill Miller. Ortega-Hernandez, who was present at Mondays hearing, will continue to be held without bond, Miller said. The FBI said it found a few days after the Nov. 11 shooting incident that several rounds hit the White House and one broke a glass window before lodging against a bulletproof window panel. However, they have not publicly reported any ballistic tests linking the bullets discovered with the assault weapon found the night of the shooting in an abandoned car that belonged to Ortega-Hernandez.

Associates say Ortega-Hernandez considered Obama to be the anti-Christ and made vague comments about taking action. As part of an unsuccessful effort to get on an Oprah Winfrey television show, he also made a rambling video about oilrelated wars. President Obama and first lady Michelle Obama were in California at the time of the shooting. To find additional federal criminal news, please read Federal Crimes Watch Daily. Douglas McNabb and other members of the U.S. law firm practice and write and/ or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal. The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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Lyle Baker Indicted by a Federal Grand Jury by Superseding Indictment for Alleged Sexual Abuse
McNabb Associates, P.C. (Federal Criminal Defense Lawyers)
Submitted at 2:15 PM November 29, 2011

Owner of Houston Health Care Company Pleads Guilty to Defrauding Medicare

(USDOJ: Justice News)
Submitted at 5:19 PM November 29, 2011

The Federal Bureau of Investigation (FBI) on November 28, 2011 released the following: Wakpala Man Indicted for Sexual Abuse U.S. Attorney Brendan V. Johnson announced that a Wakpala man was indicted by a federal grand jury by superseding indictment for sexual abuse. Lyle Baker, age 51, appeared before United States Magistrate Judge William D. Gerdes on November 23, 2011, and pled not guilty to the superseding indictment. The maximum penalty upon conviction is up to life in prison, a $250,000 fine, or both. The charge relates to the suspects alleged abuse of an Eagle Butte woman in May 2011. The charge is merely an accusation, and Baker is presumed innocent until and unless proven guilty. The investigation is being conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Mikal Hanson is prosecuting the case. Baker was released on bond pending trial

on April 10, 2012. Douglas McNabb McNabb Associates, P.C.s Federal Criminal Defense Attorneys Videos: Federal Crimes Be Careful Federal Crimes Be Proactive Federal Crimes Federal Indictment Federal Crimes Detention Hearing Federal Mail Fraud Crimes Federal Crimes Appeal To find additional federal criminal news, please read Federal Crimes Watch Daily. Douglas McNabb and other members of the U.S. law firm practice and write and/ or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal. The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

Akinsunbo Akinbile, 44, pleaded guilty before U.S. District Judge Keith P. Ellison in Houston to eight counts of health care fraud.

MS-13 Gang Leader in San Francisco Convicted of Racketeering Charges

(USDOJ: Justice News)
Submitted at 4:43 PM November 29, 2011

District of New Mexico Raises Money for Charities During the Combined Federal Campaign
(U.S. Marshals Service News)
Submitted at 2:48 PM November 29, 2011

A federal jury today convicted Danilo Velasquez, aka Triste, a local leader of La Mara Salvatrucha, or MS-13, in federal court in San Francisco of racketeering conspiracy and related charges.

November 28, 2011 - This year, the United States District of New Mexico participated in the Combined Federal Campaign, the worlds largest and most successful annual workplace charity campaign. More than 200 CFC campaigns

throughout the country and internationally help to raise millions of dollars each year. Pledges made by federal, civilian, postal and military donors during the campaign season (Sept. 1- Dec.15) support eligible nonprofit organizations that provide health and human service benefits throughout the world.

Albuquerque Most Wanted Property Crime Offender Arrested After 5 Years

(U.S. Marshals Service News)
Submitted at 2:50 PM November 29, 2011

November 28, 2011 - Deputy United States Marshals from the District of New Mexico arrested Jason Mitchell one of the Albuquerque Police Departments Most Wanted Property Crime Offenders. Mitchell was first featured in December of 2009 after his arrest warrant for failure to comply with conditions of release on charges of attempted burglary and conspiracy to commit burglary was issued on 12/11/2006.